Village of Freeport, NY Designation of Landmarks

Any person may request the designation of a landmark, landmark site or Historic District by submitting to the Landmarks Preservation Commission an application for such designation on a form furnished by the Landmarks Preservation Commission. In addition, the Landmarks Preservation Commission may, on its own motion, initiate proceedings for the designation of a landmark, landmark site or Historic District. All applications shall be filed with the Superintendent of Buildings as Executive Secretary of the Commission. No fee shall be charged for filing said application.

In the event that the Landmarks Preservation Commission receives an application or decides to initiate proceedings on its own motion for designation, written notice that such application is being entertained shall be given by the Commission to the owner or owners of the parcel or parcels on which the proposed landmark, landmark site or Historic District is situated, if different from the applicant, within 30 days after the receipt of the application, or initiation of the proceeding by the Commission, by registered or certified mail, return receipt requested, mailed to said owner or owners, if different from the applicant, at their actual place of residence, last known residence or mailing address, based on records kept in the regular course of business by the Village Clerk, the Assessor of Taxes of the Village or by the Electric, Water or Building Departments of the Village. Said notice shall also be given to the owners of all real property located within 250 feet of the exterior boundary lines of the subject parcel(s) in the same manner. Said owner or owners shall have the right to confer with and to submit written comments to the Landmarks Preservation Commission prior to final action by said Commission on the application.

The Landmarks Preservation Commission shall either approve or disapprove an application within 30 days after the receipt of the application or initiation of the proceeding by the Preservation Commission, or within 30 days after the date of postmark of the written notice sent to the owner or owners of the parcel, if different from the applicant, as required by Subdivision B of this section, whichever occurs later. The approval may limit itself to the designation or establishment of the proposed Historic District, the designation of a landmark or landmark site as described in the application, or may include modifications thereof. In addition, if the Commission receives an application which it deems incomplete or lacking in sufficient information or documentation, it shall so notify the applicant in writing by ordinary mail in the same manner prescribed in Subdivision B of this section. Said notification shall have the effect of extending the time for the completion of the application process; and the applicant then shall have an additional 14 days from the date of postmark of the notice to file said information or documentation with the Commission. No more than two such extensions shall be granted to an applicant by the Commission for a particular application.

Whether or not such extensions are sought and granted, if the Landmarks Preservation Commission disapproves the application, the proceedings with regard to the proposed Historic District, landmark or landmark site shall terminate, unless the applicant or the owner or owners of the subject parcel or parcels, if different from the applicant, shall request a public hearing by the Board of Trustees. In the event that the Commission renders no decision within said thirty-day period, the application shall be deemed disapproved. No application shall be renewed for a period of one year from the date of initial filing. All applications, whether approved or disapproved, shall immediately be filed with the Clerk of the Board of Trustees, and notice of such approval or disapproval shall be mailed by the Village Clerk to the applicant and to the owner or owners of the subject property, if different from the applicant, in the manner prescribed in Subsection B of this section. The applicant or owner shall then have 10 days from the date of postmark of said notice of disapproval or, in the case of an application deemed disapproved, 10 days from the date of expiration of said thirty-day period to file a written request with the Village Clerk for a public hearing by the Board of Trustees.

Within 30 days of the date of the filing of such approved application or within 30 days of the date of filing of a request for a public hearing in the event of a disapproval, the Board of Trustees shall call a public hearing on the application, whether approved or disapproved by the Landmarks Preservation Commission. Such hearing shall be advertised in a newspaper of general circulation in the Village in the manner prescribed by law for the holding of public hearings; and notice thereof shall be served by registered or certified mail, return receipt requested, postmarked at least 14 days prior to the date of the public hearing upon the applicant and upon the owner or owners of the proposed landmark or landmark site, if different from the applicant, or upon the owner or owners of the properties within the proposed historic district, if different from the applicant, and to the owner or owners of all property located within 250 feet of the exterior boundary lines of the subject place, site, structure or Historic District, in the manner prescribed in Subsection B of this section.

The Board of Trustees shall either approve or deny said application within 30 days of the holding of said hearing and shall direct the Village Clerk, as Clerk of the Board, to notify the Superintendent of Buildings and the Landmarks Preservation Commission, by memorandum, and the applicant and the owner or owners of the subject property, if different from the applicant, of its decision by registered or certified mail in the manner prescribed in Subsection B of this section. If the Board of Trustees approves an application, the Village Clerk shall also notify the Village Treasurer and the Assessor of Taxes of the Village.

The determination of the Board of Trustees to approve or deny an application shall be final and is subject to judicial review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules of the State of New York.